Wednesday, July 6, 2016

Foreign employee working in Vietnam is required to have work permit issued by respective Department of Labour, War Invalids and Social Affairs (“DOLISA”) of province or city where the company that sponsor work permit registers the business. Failing to comply would lead to foreign workers to be deported by Vietnam Public Security at the request of DOLISA.

Vietnam Labour Code and Decree 102/2013/ND-CP effective on Nov 1st, 2013 provide details of the regulations on foreign employment in Vietnam. It is suggested that companies wishing to employ foreign workers and foreign workers to counsel with employment lawyers in order to ensure compliance. Our employment lawyers in Vietnamkeep following up with the changes in labour regulations in Vietnam to give our clients the best service.

As the current regulations, the foreign employee might be asked to present his/her work permit at entering or leaving Vietnam or when requested by government authority. The companies seeking to employ foreign workers are only allowed to employ for managerial or technical positions which Vietnam employee could not meet the requirements of the jobs. Before employment of foreign workers, the companies will have to report the demand to, and get the approval from the People’s Committee of the province or city where the employers register their business.

The dossiers submitted to DOLISA have to include: i) application form; ii) health certificate; iii) certificate of criminal record; iv) document to prove managerial or technical experience; v) approval of People’s Committee; vi) passport size pictures; vii) passport; viii) and documents related to the purpose of foreign workers in Vietnam i.e. labour contract, assignment letter. The work permit is valid for two years.

In order to seek further advice, please contact us at ant@antlawyers.vn or call + 84 35202779. ANT Lawyers, your lawyers in Vietnam.